Senator Ruben Gallego has formally requested a legal opinion from the Government Accountability Office (GAO) regarding a USCIS policy memo issued in May 2026. The memo describes adjustment of status as an “extraordinary discretionary relief” when consular processing is available, raising questions about its classification under the Congressional Review Act (CRA). This determination could allow Congress to review and potentially overturn the policy.
Gallego argues that the memo signifies a major shift from established adjustment-of-status practices, which could lead many applicants to opt for immigrant visa processing abroad instead of applying for permanent residency from within the United States. He highlights that this policy change could affect hundreds of thousands of immigrants and their families annually, as Congress intended adjustment of status to be a standard pathway for eligible applicants already in the country.
Furthermore, Gallego warns that increased reliance on consular processing may result in family separations, employment disruptions, and delays in visa processing, among other immigration-related consequences. The implications of the policy are still being debated, and GAO’s findings could significantly influence Congress’s ability to formally review the guidance.
Key Details:
- Senator Gallego’s request made to GAO regarding USCIS memo from May 2026.
- The memo classifies adjustment of status as “extraordinary discretionary relief.”
- Potential impact on hundreds of thousands of immigrants and families annually.
- Concerns raised about family separation and employment disruptions due to consular processing.
The outcome of this review could reshape the adjustment of status process for many immigrants in the U.S. Need help with your immigration case? Visit QuickFiling.us for professional immigration services.
Source: Osas Iyamu